[liorSK  IJiLL,  No.  203.] 

HOUSE  OF  UErRKSKNTATIVEa.  November  15,  I8G4.— Read 
first  au'\  pcc(  ivl  tifnc^.  tna*lo  sp<  ■  r  for   Thursday   week,   and 

fr-in   '1,1  V  t'<  til  \  .  :iii'i  (ird'-K  il  In  1. 

llJy  -Hr.   ''UK,    froiii    ^-OTumi't'.-c    on    <ju^rtcrni;i;-'icr    ;irj«i    L'oiuiiiii-ibarjr 
Departments.  ] 


A^  BILL 

To  be  entitled  "  An  Act  to  protect  the  Confederate  Statea  agaioBt 
frauus  aiiu  tn  pinvnn;  riMii' uh's  ;;^;iiu.-)l  officers  and  emplojecs  of 
the  Government  committing  them." 

1  T/i£  Congress  of  the  Confederate  States  of  Anurica  do  enact,  That 

2  iri  ■•ill  c.:i-c^  wlif!  f  ofnceis  (ir  ciiiploTees  in  the  Ouartcrmaster'fl  or 
'6     Luiamiaeary  3  Uej<arlment  sLaii  have  rcccivci   puLtiic   money  for 

4  disbursement,  or  shall  have  been  concerned  in  making  contracts 

5  for  the  (iovcrnment,  or  contracts  for  any  property  thereafter  to 

»  (.d  for  Government  purposes,  it   fhall  be  the  duty  of  each 

7  person  so  employed  or  conccrne«^l,  within  three  months  after  the 

8  passage  of  this  acjt,  and  every  six  months  thereafter,  east  of  the 
'.^     MisRiFaifpi  river,  and  within   f  rr  morith*  -neat  of  the  Mi««if«ippi 

!«'       rix  r,  .iiMi  evi TV     tiA  :.   i"  mu  iiu    iii»tiii'iij   v>f 

11  schedule  in  writing,  on  oath,  to  be  administered  ty  aaj  offiotr 

12  aathoriied,  by  the  laws  of   the   State   where   the   scbedvie   ii 
IS    prepftred,  to  adaimiiter  oaths,  of  all  the  property,  real,  personal 


]4  and  mixed  which  he  possessed  id  bis  own  right  at  the  time  of  hia 

1.^  entrv    into  the   pablic   service,  and   the   value   thereof.       This 

],  •'■  .  ,1,iTo   -.].]'.    rip-tlw)-  '•"iiTiiin   :i    •^i;i'C'nH'Ilt 

1 :  I     of  all  jifopcrt)  of  cvtr^'  ucs>crJi;Uyu  which  he  may  possess  in 

18  hii  own  light  at  the  lime  of  his  making  and  verifying  the  same. 

If  II.  Of  all  property  of  every  description  purchased  or  possessed 

o,i  .;,  ,.^  },;,  ^ntry  into  the  public  service  and  sold  or  transferred  by 

2 1  liiUk. 

2S  III.  Of  all  property  of  every  description,   including  bills  of 

??  CTchnn;jc.  pr-smi^orv  mtr^,  ?trtcV?  shares,  mortgages,  certificates 
.,  ^l^;lll.■^  iii.ii  Lirui..-,  ujv    owncrship  of  which  has  been 

2u  ciianged,  and  in  which  be  has  or  may  have  had  an  interest  siuoo 

S6  his  entry  into  the  public  service. 

27  IV.   Of  all  prnpcrty  of  every  description  and  pecuniary  interest 

t8  accjuired  Miito  inb  cutrv  iiito  the  public  service,  and  held  in  the 

29  name  of  his  wife,  or  any  member  of  his  family,  or  held  in  the 

SO  name  of  another  for  the  use  or  benefit,  or  in   trust   for   himself, 

31  bis  wife,  or  anv  mrinl'cr  of  bis  family. 

St  V.   A  dc'^crJJ.l; 'II  ui  aii  mourvh,  valuat)le9,  bills  of  exchange, 

S3  promisory  notes,  certificates  of  deposit,  shares  in  any  company 

34  or  bank,  whether  corporate  or  incorporate,  actjuircd  in  >Yhole  or 

35  i**  part  since  his  entry  into  the  public  service  by  himself  or  his 

36  wife,  or  any  member  ot  inf  niiiiuy. 

37  VI.  A  statement  of  the  indebtedness  of  said  officer  or  employee, 


-T-v    ^. 

58  which  has  been  pnid  or  otherwine  dischargod  since  his  entry  into       ^^ 

39  the  public  service,  giving  the  names  and  residence  of  the  credit- 

40  ors. 

1  Skc.  2,  The  person  making  thin  schedule   shall  triplicate  it  ; 

8  one  to  be  filed  with  the  Adjutant  and  Inspector  Genaral,  one  with 

3  the  clerk  of  tho  District  Court  of  the  Confederate  States,  within 

4  the  jurisdiction  of  which  said  officer  or  employee  shall  be  located 

5  when  this  schedule  is  prepared,  and  one  in  the  office  of  the  clerk 

6  of  the  Circuit  Court  of  the  State  where  the  officer    or  employee 

7  resided  at  the  time  of  his  entry  into  the  public  service.     And  if 

8  not  filed  with   the  Adjutant  and   Inspector  General  within  five 

9  months  after  the  passage  of  this  act   and    regularly    thereafter 
lit  pvery  ?>ix  months,  it  shall  be  his  duty  to  report  the  name  of  each 

1 1  delinquent  to  the   Confederate  States   Attorney  for  the  district 

12  where  the  officer  or  employee  may  be,  or  may  last  have  been, 
1  .J  -^n  'lutv.  anl  ih"  siid  A'tornpy'^shan  immediately  cause  the 
14  ■  ^ai  I  court  to  issue  a  suirnnoiis  ior  said  delinquent,  re- 
lo  tamfrOle  (o  the  o'ixt  term  of  said  court,  to  compel  the  filing  of 
\C  «ai(l  tcbeda]e,or  in  ca§e  of  refusal  or  failure,  he  nhall  be  deemed 
17  ^Mi.'ty  of  eootempt  of  court  and  fined  and  imprisoned  at  the  dit- 
i -^  crrtion  of  the  court  ;  and  in  addition  thereto,  he  ehall  be  liable 
IM  to  the  action  hereinafter  provided  for :  Pronded,  That  officen 
SO  »nd  their  «»mployeeii  who,  eioce  their  entry  into  the  pablie  ter- 
tl  vice,  have  continuoaslj  eenred  with  troops  in  the  fieU  ihall  not 


4 

23  be  required  to  triplicate  said  schedule,  but  file  one  copy  thereof 

23  at  the  time  stated   with  the  Adjutant  and   Inepector  General, 

24  transmitting  the  same  through  the  regular  channel  of  commu- 

25  nication. 

1  Sec.  3.   Should  the  schedule  disclose  an  accumulation  of  prop- 

2  erty,  real,  personal  or  mixed,  beyond  the  natural  increase  thereof, 
S  the  Adjutant  and  Inspector  General  and  the  clerk  of  the  District 

4  Court  shall  notify  the  Confederate  States  Attorney   for   the   dis- 

5  trict  where  the  officer  or  employee  making  the  schedule  may  be, 

6  and  the  District  Attorney  shall  cause  a  summon  to  bo  issued  by 

7  the  clerk  of  said  district,  returnable  at  the  next   term,  to   said 

8  officer  or  employee,  and  their  securities  on  their  official  bond,  to 

9  show  cause  why  further  proceedings  should  not  be  ordered.     And 
!'•  should  said  accumulation  be  not  satisfactorily  accounted  for  to 

1 1  the  court,  the  court  shall  direct  an  issue  to  be  made  up,  and  the 

12  rules  re,i::ulating  the  trial  of  th<>  rif:ht   oT  nronovty    or    in  tiilini/c 
IS  shall  prevail,  except,  that  the    burden    ol    proof  shall    be    on   the     , 

14  officer  or  employee  to  show  that  the  ar(|uisition  was  legitimately 

15  obtained.     The  issue  shall  be  made  on  the  petition  of  the  district 
IG  attorney,  setting  forth  the  bond  or  n  ff.py   (horeof,  of  tlie  oihcer 

17  or  employee   and  his  securities,  if  jnd:rmcnt   is  desired    against 

18  the  securities  ;  and  the  facts  on  which   the  attorney   relics  for  a 

19  recovery,  and  if  the  viHict  is  for  the  Confederate  States,  Judg- 

20  ment  shall  be  entered  accordingly  against  the  defendants  to   the 


21  amount  of  the  bond,  (if  so  much  should  be  awarded  by  the  jury,) 

22  and  should  the  bond  not  cover  the  amount  of  the  verdict,  judg- 

23  raent  for  the  residue  shall  be  entered  against  the  officer  or  em- 
21  ployeo  ;  and  the  court  may  direct  a  money  judgment  to  be  entered 
25  or  a  judgment  for  the  specific  property,  or  both,  and  the  cost  on 
t6  which  e.reciition  shall  issue,  and  the  officer  or  employee  may  be, 

27  by  ordor  of  the  court,   imprisoned  till   the  judgment  is  finally 

28  discharged,  or  the  court  may  vender  such  special  judgment  as 
S9  will  protect  the  Government  from  all  loss  in  tho  premises.     The 

30  money  when  collected,  to  be  paid  to  tho  Secretary  of  the  Trcas- 

31  ury  or  other  officer  authorized  by  him  to  receive  the  same.     The 

32  District  Attorney  shall  be  entitled  to  receive   fifteen  per  cent,  of 

33  the  amount  of  collections  and  the  Marshal  ten  per  cent. 

\  8f.(.  4.   It  shall   be   the  duty  of  the  Confederate  Statei  attor- 

2  neys  of  jhe  respective  districts  to  inspect  the  schedules  filed,  and 

3  be  may  traven»e  the  same  if  no  aocomulations  are  disclosed,  aod 

4  like  piorocfiinffs  Rhall  hu  had  th^rooii  as  is  hf'rein^leff)re  directed. 
1  Sff  5.  y\ny  person  believing  liaun?  to  u^y  '  ;i  committed 
t  by  any  of  eaid  ofi«Mt  or  employees,  may  institute  aa  action,  qui 

3  tarn,   in   any  of  the  district  coort-a  of    the   Confederate   States^ 

4  Tthpl''  'T      A     ritiTTTi    r.f    \\n    St  .♦»*    wbfT-o     jnaf  itnt/-t1     ur  rmt     vr^illgt 

.'>  tnrh  ''  CK-T  or  f               .  anM  \inAX  scruntics  on  thtjr  U^ad  .   attd 

facilitate  a  f«U  and  n   into  the  ell«g«d 

7  fraudulrnt  traoiaetiooi.  the  party  ia«titating  tho  rait  wider  «ti 


• 

ft  order  of  the  court,  ehall   have   the   right,  previous  to  the  trial, 

9  to  fully  examine  and  inspect  all  the  reports,  abstracts  and  vouchers 

In  nhicb,  under  the  existing  laws  and  army  regulations  are  required 

II  lo  be  made  to   the  War   Department,  and  on  a  bill  of  discovery 

It  for  that  purpose  Bled,  (the  answer  to  which  may  be  overcome  by 

13  satisfactory   evidence,)  the  defendant  shall   disclose  the  name  or 

1 4  names  and  residence  of  any  person  from  whom  any  property  has, 
16  at  any  time  been  purchased  or  received,  and  the  prices  and  dates 

16  at  which   it  was  so  purchased  or  received,  and   the  date  of  the 

17  order  directing  such  purchase  or  contract,  and  should  it  appear 

18  that  such  purchases  were  made  from  the  relatives  of  said  officer 

19  or  employee,  or  from  any  person  employed  as  clerk,  agent,  part- 
2(J  ner   or   otherwise  of  said   officer,  a  legal   presumption  of  fraud 

21  shall  arise,  and  the  burden  uf  proof  shall  be  upon  the  defendant, 

22  to  show  that  the  purchases  were  made  at  the  regular  and  current 

23  rales  of  the   country  ;   and.    on    the   trial  of  the    is.auc,    the    like 

24  rulcH  and  proceedings  eliiill   he  h.nl  us  is  hcroinbefore   [providjd] 

25  for,  except  that  one-half  of  the  judgment  shall  be  in  favor  of  the 

26  party  prosecuting   the   suit,  and   the   other  half  in  favor  of  the 
37  Confederate    States ;    and    in    the    trial    of   such  issues,   if    the 

28  schedule  of  the   oilicer  discloses   an   accumulation,  or  whenever 

29  the   plaintiff,  by  testimony,  shows  an   accumulation  of  property, 

30  real,  personal  or  mixed,  the  burden  of  proof  shall  bo   upon   the 
^1  defendant,  to  account  satisfactorily  for  the  same:  Provided^  That 


7 

32  the  plftiutiff  in    pucIi    </»/?    tnm   nction    shni!    he  compelled,  if  re- 

33  (juirod,  to  deposit  the  costs  of  the  cape,  or  give  security  therefor, 
n  J  ari'l  si-.cli  pl:iin(ifr  hlmll  nifo  be  liaMo  to  «n  action  in  favor  of  the 
.1.)  noioixinjiT.  I'lf  (inmngos  in  cni^c  it  pliall  njijicar  that  ilic  action  was 

36  ingtituted   against  such   officers   or  employees  maliciously,  and 

37  "without  reasonahle  or  probable  cause. 

1  Si  (     n     A    siiiilnr    srhodulp   or    inventory  shall   be   made  an«l 

2  fiidi  in  tiic  tame  manner  by  every  official  employee  belonging  to 

3  the  class  of  persons  described   in   the   first  section  of  this   act, 

4  vrhose  term  of  official  employment  shall  commence  subsequent 

5  to  the  passngc  of  this  ^r-^ .  nm]  the  provisions  of  this  act,  shall, 

6  in  all  respects,  fully  apply  to  them  and  to  all  other  disbursing 

7  officers  of  the  Government  with   whatever  branch  they  may  be 

8  connected. 

1  >"i  f     7     No  person  now  in   commission   or   appointment  shall 

2  be  permitted  to  resign  until  they  have  fully  complied  with  the 
i  provisions  of  this  this  act,  but  a  verdict  and  judgment, 
-1  ngainst  such  officer  shall  have  the  effect  of  revoking  his  commifi- 
■>  sion,  and  he  shall  be  consrribed  and  held  to  military  .'•crvice 
6  daring  the  existing  war. 

1  Bcc.  H.  Nothing  herein  contained  shall  be  so  construed  a.s  to 

2  bar  the  rinvernmcnt  from  nnv  ru-btt  now  existinr  bftwecn  it 
5  and  MiQ  oflbcers  and  empb  ;  \na  no  ju  i^-  :,;  ;  •  •  rf  d  by 
4  one  party  tball  co&stitute  a  bar  to  a  luit  initituted  by  anotbtr 


8 

§  partj  unle&s  the  same  items  are   controverted,  Hud   not  then,  if 

6  there  is  any  reasouable  ^rroiind  to    appreh-^nd  collusion  between 

7  the  former  purty  .*..■•  i..^  ..-->  v.  -.;  cmplojt'c  ,  .i.,..  v-..  >.w.-^  ;.i,  issue 
b  ma}',  by  the  court,  be  given  to  the  jury  as  in  cases  of  attach- 
9  uient. 

1  Sec.  9.  The  inventories   shall,  at  all    times   during  business 

2  hours,  be  open  to  ii»e  iu.-pection  of  all  persons  desiring  to 
S  examine  them,  and  it  shall  be  the  duty  of  the  officer  in  charge 

4  of  them  to  fur^i^h  certified  copies  thereof,  for  which  service  the 

5  officer  making  the  transcript  .^hall  have  the  richt  to  charge  tvTntu 
G  cents  per  hundred  wonis,  and   said   copies  shall   be  received  us 

7  evidence,  or  suits  niay  be    instituted    thereon    as    hereinbefore 

8  provided,  in  any  of  the  courts  of  the  Confederate  States,  when 

9  authenticated,   as    is    now  providod    fdr   jinthenticating  judicial 

10  records  :   jProvided,  That  nothing  in  this  act  shall  be  so  construed 

11  as  to  compel  the  clerks  of  the  State  courts  to  receive  and  hie  the 

12  schedule   of  any  officer   or   employee,  but  filing  the  same,  the 

13  clerk  may  demand  the  fees  for  furnishing  the  transcript. 

1  Sec.  10.     Whenever    the   interest   of  the   Confederate  States 

2  demands  it,  or  on  the  motion  of  the  party  prosecuting  the  suit, 

3  the  court  may  transfer  the  case  to  the  district  court  having 
l  jurisdiction  where  the  defendant  resides,  there  to  be  concluded. 


